Divorce Procedure in the UAE

Legal Grounds for Divorce in the UAE

To get a divorce in the UAE, you must have valid reasons for doing so, and most times, you will need proof to back them up. The proofs vary depending on the grounds you are requesting the divorce. We share some of the legal grounds for divorce in the UAE below:

• Adultery
  Adultery is where one partner has a sexual relationship outside of the marriage. To prove adultery, you may have to provide concrete evidence like photographs, videos, phone records, or eyewitness testimony, since the court cannot go by your suspicions alone. 
   
• Abuse
  Both physical and mental abuse constitute grounds for divorce in the UAE. To prove this, you need to provide medical reports and two male witnesses who will verify your allegations. Female witnesses can also appear on your behalf but they only count as half witnesses.
   
• Desertion
  Desertion is when one party leaves the marriage without the other’s consent. However, desertion typically must be up to one or two years for it to be considered desertion.
   
• Repudiation
  Repudiation refers to the act of rejecting, disowning, or refusing to accept or acknowledge the terms of the marriage. A person can end their marriage by saying it, writing it, or using clear signs (if they can't speak). Husbands can decide freely, but wives can only do it if their husbands allow it and it is not during the waiting period after the divorce. A "waiting period" in UAE refers to a mandatory time frame that must be observed before a divorce can be finalized. This period, known as the 'iddah' in Islamic law, is particularly relevant for Muslim couples going through a divorce.
   
• Defects
  If either party has leprosy, genital canal blockage, or insanity prior to or during the marriage, the other spouse has the option of requesting the annulment of the marriage. However, if they were aware of this issue before the marriage, they cannot seek annulment. In cases of deception, a spouse can seek divorce if they would not have agreed to the marriage if they had been aware of the defects.
   
• Non-Payment of Dowry
  The personal conduct legislation states that the woman in a non-consummated wedding must be proclaimed separated for non-payment of the dowry by her spouse, however, after the marriage has been consummated, divorce will no longer be possible. Nonetheless, the debt of the dowry will persist and must be paid.
   
• Prejudice and Disharmony
  In the UAE, if a married couple faces serious conflict, both spouses can ask for a divorce. However, before that, they need to attempt to reconcile with the help of the Family Orientation Committee. If they can't resolve their problems with the committee, the court will appoint someone else (an arbitrator) to help them. The goal is to bring the couple back together. If, despite all these efforts, they can't reconcile, then the reasons for the divorce need to be proven using legal evidence.
   
• Due to Unavailability and Absence
  If the husband is not around and can't provide financial support, the wife can ask for a legal divorce. But, if no one knows where the husband is, the wife can also request a divorce. However, this can only happen after a year of trying to find and investigate his whereabouts.
   
• Imprisonment of the Spouse
  A wife has the right to file for divorce after one year if her husband is to be imprisoned for more than three years.
   
• Abstaining From Supporting
  If the husband doesn't give financial support to his wife, she can ask for a divorce. If the husband is not around and there's no evidence that he has money, the court can order the divorce. Judges can only do this after giving the husband one month to fulfil his obligation to provide financial support.

In summary, the legal grounds for divorce in the UAE encompass a range of issues from adultery to financial neglect, and It is important for those considering divorce in the UAE to understand these grounds thoroughly and seek legal advice to navigate the complexities of the process. The UAE legal system, influenced by Islamic principles, places emphasis on reconciliation and concrete evidence in divorce proceedings, ensuring that decisions are made with due diligence and fairness.

Divorce Vs. Judicial Separation

While understanding the grounds for divorce is crucial, it's equally important to distinguish between divorce and judicial separation. In the following section, we will delve into the differences between these two legal processes, exploring how they vary in terms of implications, procedures, and outcomes for couples facing marital difficulties in the UAE. This comparison will provide a clearer understanding of the options available to those considering the dissolution or suspension of their marriage.

A Judicial Separation is when the court does not dissolve the marriage but allows the individuals to live separately. However, The laws in the UAE do not provide for such a process, so couples who want to end their marriage can opt for a divorce instead.

Divorce, on the other hand, is a legal procedure that terminates the marriage contract between two parties. There are two types of divorce in the UAE: mutual divorce and contested divorce. Mutual Divorce happens when both individuals agree to dissolve the marriage, while in a contested divorce one party initiates the divorce proceedings, and the other party opposes this request.

Understanding the Divorce Process in the UAE

The divorce process in the UAE differs for Muslim and non-Muslim couples, reflecting the country's respect for religious and cultural diversity.

For Muslim Couples

Muslim divorce in the UAE entails the termination of the marriage contract under Sharia law, (the law that governs Islamic marriages). When both spouses are Muslim residents in the UAE, the Sharia law will be applied to their divorce. This remains true even if the husband is Muslim and the wife is non-Muslim. Initiation of divorce proceedings can come from either the husband or the wife, especially if the husband has granted his wife the right (Isma'). Additionally, wives can pursue divorce for “damage”, even without explicit permission in their marital contracts.

For Non-Muslim Couples

Divorce for non-Muslims takes a different approach in the UAE. There are three options available: 

1. New Personal Law: As of February 1, 2023, non-Muslims in the UAE are governed by Federal Decree-Law No. 41 of 2022, which outlines procedures for divorce and child custody specifically for non-Muslims. This law allows non-Muslim residents to either follow the laws of their home country or select alternative personal status laws in the UAE.
    
2. Home Country Law: Non-Muslim expatriates residing in the UAE can choose to file for a divorce in their home country or in the UAE. They may petition the court to have the law of their home country applied​​​.
    
3. UAE Law Application: If the law of the couple's home country doesn't cover an aspect of the divorce procedure, the UAE courts have the discretion to apply UAE law.

Steps to Get a Divorce in the UAE 

1. Registration at Family Guidance Section: First, either party can initiate the divorce process by registering the case at the Family Guidance Section in the relevant judicial department in any one of the emirates. All documents submitted here must be translated to Arabic so employ the services of a trusted translation company in UAE.
    
2. The Conciliation Process: A court-appointed conciliator will attempt to reconcile you and your spouse. This process is mandatory and allows both parties to express their concerns without legal representatives. Amicable divorces can be finalized here if you both agree.
    
3. The Settlement Drafting: If reconciliation fails, the spouse who agreed to the divorce will need to draft a settlement based on mutual understanding before the conciliator.
    
4. Referral to Court: If no agreement is reached, the conciliator issues a referral letter, allowing the claimant to proceed to court for divorce. The letter must be submitted to the court within three months.
    
5. First Instance Court Proceedings: The case goes to the First Instance Court if you both did not agree during conciliation. Both sides will then present their evidence, and the judge will make a decision. You both can hire lawyers, but it's not mandatory. The process is done in Arabic and a translator will be provided if needed.
    
6. Appeals Court: At this stage, You both have 28 days to appeal the judgment. The Appeals Court process is similar to the First Instance Court but with three judges.
    
7. Court of Cassation: After the last judgment, the case moves to the Court of Cassation. No new evidence will be allowed at this point and the court will review all the documents to ensure due process.
    
8. Enforcement Court: The case will then move to the Enforcement Court to ensure compliance with the judgment. If a settlement was agreed upon during conciliation, the case skips all the previous court process and goes directly to the Enforcement Court.
    
9. Post-Divorce Procedures: Once a divorce order is issued, the couple receives a divorce certificate. The certificate must be submitted to the Department of Justice. Non-Emirati nationals submit it to the Ministry of Foreign Affairs and the respective consulate. Reconciliation is not an option after receiving a divorce certificate. You will have to remarry if you both choose to reunite.

The Cost of a Divorce in the UAE 

Getting a divorce in the UAE may be easy compared to other countries, but it is far from cheap because You can expect to pay AED8,000–25,000 on average for an amicable divorce. And if the litigation process is longer, the divorce expenses can rise up to AED50,000. Also, document translations in the UAE usually cost about AED80 per document.

Documents Needed for a Divorce in UAE

• Your Marriage Certificate: Get your marriage certificate legalized in the country where you got married and by the UAE embassy there. Then, get it attested by the UAE Ministry of Foreign Affairs. After this, employ the services of a translation company in Dubai and have it translated into Arabic. Finally, get the translated certificate attested by the UAE Ministry of Justice. If the marriage has been solemnized before the UAE Courts itself, then further attestation is not required.
   
• Identification: Copies of your ID, your children's, and your spouse’s are needed. If the latest ID and residence visa copies are not available, a copy of your passports and a copy of your previous residence visa should be submitted.

How Can Translayte Help

Divorce is a challenging journey no one wishes for. We empathize with those facing this difficult path. For support, Translayte offers recommendations for very skilled UAE divorce lawyers as well as certified translation services in Dubai for your documents that need to be translated to Arabic, ensuring clarity in every step of this emotionally draining process. However, be sure to carry out your own thorough research before engaging the services of a divorce Lawyer.   

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